62 total
Conviction for historical firearm pointing upheld; sentence varied to a one-year conditional sentence.
The appellant appealed her conviction and sentence for pointing a firearm at her two children during an incident that occurred 19 years prior.
The trial judge convicted the appellant based on the testimony of the complainants, despite the appellant's denial and inconsistencies in the complainants' evidence.
The majority of the Court of Appeal dismissed the conviction appeal, finding that the trial judge properly assessed credibility and applied the burden of proof.
However, the sentence appeal was allowed, and a one-year conditional sentence was imposed.
Absence of voir dire reasons alone does not justify appellate intervention.
The Crown appealed a decision setting aside robbery convictions on the basis that the trial judge gave no reasons for ruling incriminating statements admissible on a voir dire.
Applying the governing principle from Burns, the Court held that the absence of reasons is not, by itself, a ground of appeal where the finding is supportable on the evidence or its basis is apparent from the circumstances.
The only issue on the voir dire was credibility, and the ruling made clear that the trial judge rejected the accused's evidence.
The Court also found no error in law in the jury charge and restored the convictions.